Overview & Injunctions Flashcards
What are equitable remedies?
Non-monetary remedies usually available only when awarding monetary damages is not enough
What two instances will likely involve non-monetary remedies?
- When there is an insolvent defendant
- When land or unique items that have special value to the plaintiff are involved
What is a mandatory injunction?
A court order that requires a party to do something
What is a prohibitory injunction?
A court order that prohibits a party from doing something
What are the three types of injunctions?
- An ex parte temporary restraining order (TRO)
- Preliminary Injunction
- Permanent Injunction
How long does a TRO last?
30 days, unless the parties agree to a longer term
How long does a preliminary injunction last?
Until a final decision on the merits
How long does a permanent injunction last?
It is entered after a decision on the merits and, lasts forever or until dissolved
What is required for a valid injunction?
The injunction must:
1. Be definite in its terms; and
2. not refer to another document to understand what acts are required or prohibited
What must a plaintiff show to obtain an injunction?
The plaintiff must show a real and immediate threat that the act will be repeated in the future. It is not sufficient to show past acts.
T or F: An injunction can compel or halt a prosecution for a criminal offense or violation of a city ordinance
False
Why might a court deny an injunction?
If the injunction requires extensive judicial involvement or continued court supervision unless the injunction involves an important constitutional issue
Purpose of a TRO?
TO preserve the status quo until the court holds a preliminary injunction hearing
What is needed to obtain an ex parte injunction?
- An affidavit or verified complaint clearly shows specific facts that immediate and irreparable injury will result to the applicant before the adverse party can be notified; and
- The applicant’s lawyer certifies to the court in writing the efforts he undertook to give notice and the reasons notice is not required
Is a TRO appealable?
No
Upon _______ days’ notice, a party subject to the TRO may move to dissolve or modify it
Two
For a preliminary injunction, the movant must show:
- Substantial likelihood that it will prevail on the merits of the claim at trial;
- Substantial threat that movant will suffer irreparable harm for which there is no adequate remedy at law without the injunction;
- Harm to movant outweighs harm to non-movant from the injunction
- Granting the injunction will not disserve the public interest
For a permanent injunction, the movant must show:
- Substantial threat that movant will suffer irreparable harm for which there is no adequate remedy at law without the injunction;
- Harm to movant outweighs harm to non-movant from the injunction
- Granting the injunction will not disserve the public interest
Injunction against future trespass is appropriate when:
- Defendant is insolvent
- Repeated trespassers are anticipated
- Multiple lawsuits would be necessary
What is encroachment?
A piece of real property projects from one property over or under the property line of another landowner’s premises.
What is the remedy if a defendant has notice its structure would encroach on the plaintiff’s property?
The plaintiff is entitled to mandatory injunction ordering removal of the structure
What is the remedy if a defendant has no notice its structure would encroach on the plaintiff’s property?
The plaintiff is entitled to mandatory injunction UNLESS the hardship on the defendant to remove the structure is significantly greater than the injury to the plaintiff from the denial of the of the injunction.
The plaintiff may seek an injunction to prevent the defendant from _______ or _______ the plaintiff’s real property
injurying or destroying
Removing things from land?
Plaintiff may seek an injunction to prevent future severancw
